Many authors refer to the experience of Western European countries in addressing the ban on wearing headscarves in public places. France and Belgium have banned any form of full face veil on a national level, which has been sanctified by the European Court of Human Rights. Notice, however, that these are the only two European countries to do so, and the ban is also limited to the niqab and the burqa, not hair covering scarves (hijab), which is discussed in our case. Thus, these cases cannot be used as an interpretation of a ban on the wearing of religious symbols in accordance with international law. On the contrary, the Court has repeatedly stressed the importance of freedom of religion, including public identification with religion. The authors also cite the German Constitutional Court, but forget to add that it finally agreed with a German teacher who wanted to teach while wearing a Muslim headscarf. Like the Czech ombudsman said, such a restriction cannot be applied without proper legislation.
In our opinion, restriction of religious freedom cannot even be justified by a violent emancipation of Muslim women. Eurocentric attitudes that put western liberal democracy in the position of saviors of poor oppressed Muslim women only exacerbates their unequal status in society, perceiving them as incompetent and helpless.
A picture of "burning cars in the suburbs" is often being pulled out with warnings against European immigration. A simple equation cannot be posed between Islam and violent unrest. If we want to promote foreign integration, the educational system is the key. Our organization seeks to advocate that education is inclusive, i.e., schools should be capable of working with differences and perceive it rather as a positive thing. It is a response to our current rigid school system, which looks egalitarian, but instead reaffirms social inequality, even strengthens it. An exclusion from school based only on headwear goes against the efforts of inclusion.
Czech society should first make a decision on whether telling people how to be dressed is part of the national identity, and whether this identity can be threatened by a schoolgirl with a scarf over her hair. If we do not mind the outfits of nuns or Jews, the question that we should be concerned with is: Why does it only matter to us with Muslims? We believe that this is a hidden fear of difference, which, while being natural, but without being properly identified, cannot be faced.
Zuzana Durajová, League of Human Rights
Marek Čaněk, Multicultural Center Prague
Note: This commentary was issued in the "Lidové noviny" newspaper on Sept. 9th 2014 in response to the comment of the authors Franc, Janda, Hokovský Zahumenský (http://www.evropskehodnoty.cz/zahalovani-Muslim-Czech-politic-the-Enlighten-of-west-evropy/)